HomeMy WebLinkAbout Project PacketOF ORONO - VARIANCE APPLICATION
itial Application Fee $175.00
($50.00 per each additional ce)i,
Renewal Var-ance Fee $100.00
(no change from original applications " v"
After_the_Fact -Fees - - -
(Doubltapplicationfee)
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PROPERTY LOCATION
r Jr"'. -r r,-.•I n
I 1 I /11 � lH I ••
V L
it fl ! 75. GG
Cf I r,T ; N4iVA ; OU
U�!Z6
Site Address��,�
Property Identification lumber (P. I . D.) o007
Attach legal description to application if not included on
required survey.
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APPLICANT Ph(ne ( home) 4757—Y LK6
Name 40ay�d Phone (work) s- -GaD
Address: /0912 lil City: _ Zip:
-----------------------
OWNER (if different. than applicant) Phone (home)
Name Phone (work)
Address:
City. Zip:_
Date Property Acquired (^+onth/year)
I (do) (do not) also own the adjacent parcels of land.
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PRESENT USE OF PROPERTY
Present Zoning District L
Present Use of Property G% 1[Q 1. Residential
Other (specify)
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DESCRIPTION OF REQUEST Estimated Cinstruction Cost $-,�a 2�
Describe request in detail:��
VARIANCES REQUIRED
Lot. Area Lot width Hardcover
Setback Variances ( _ Front _ Side
)t her
Rear)
HARDSHIP
Describe undue hardship or practical difficulty resulting
from stri,
enforcement of zoning regulations:
DESCRIPTI OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance
with Zoning
Code Requirements: *IA
IF
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REQUIRED SUP'lITTALS
1.
Completed Application Form
2.
Certified Property Owners List of owners within 150' (you
must obtain
this list from Hennepin County Department of Firance A-603
Govt Center
348-3271).
3.
Plat Map (obtained with property owners list).
4.
Certificate of survey (signed by a licensed surveyor)
to include
hardcover calculations as required.
5.
Topographic survey (existing and proposed elevations) if
any changes
in existing grade are proposed.
6.
Sketches or plans of floor and elevation views.
7.
As an addendum to this application, please attach a separate
list of
any other persons you wish notified of this application.
8.
Additional items as may be requested by City staff.
YOU kRE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORKING COPY (110 X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
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The Applicant and Property Owner must sign this application. Please
remember that Your variance application is not comlete if the above
information has not been included.
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Certif_ication by Clerical Department that Variance Appl'cati)n is complete.
Initialed by Clerical Staff: Date
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APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
tir: not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature -VK Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this • pl ication and further
authorizes reasonable entry orto the property by C-cy staff, consultants,
agents, .,mmission members, and Council members for purposes of investiga-
tion and verification of -his request.
Owner's SignatureYe.Date 2•2-3• 9p
Applicant must have ail su mittals into the City offices 25 days before the
Planning Coeunission Meeting. Planning Commission. Meetings are held on the
third Monday of each mor.r.h. Applicants must be present at a I I scheduled
r•:iew meetings of the Planning Commission and Council. ;f an applicant is
unable to attend a scheduled meeting, pease make arrangements to have an
authorized agent attend in your place and to advise the Au1:li nq t Zoning
Office of t h. , change , rior to the meet i nq
CITY OF ORONO - NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, March 19, 1990 to
review the following land use applications:
1. #1497 Gerald Toberman, the owner of the property located at
of 1960 Shoreline Drive, seeks a renewal of a conditional
use permit that would allow commercial boat sales as a legal
non -conforming use for this residential zoned property.
2. #1500 Erik G. Celms of 4050 Highwood Road seeks approval of
a lot area variance to construct a new sin5le family
residence on a property that does not meet the required 1
acre in area.
3. #1501 Robert Ritchie of 3572 Shoreline Drive seeks approval
of a commercial site plan for improvements to the property
that now contains a newly established veterinary clinic.
4. #'502 Michael Hilbelink seeks approval of lot area, lot
width and side setback variances to construct a new
residence on the property located at 2180 Prospect Avenue.
S. #1504 Arnold Calvert_ seeks approval of hardcover variances
within the 75-250' and 250-500' setback areas for
construction of a new residence or, the property located at
2523 Kelly Avenue.
6. #1507 David Fox of 1645 Bohn's Point Road seeks a height
variance for a new residence currently under construction.
All persons wishing to be heard will appear at this time. The
meeting starts at 7:00 PM. Written comments are solicited.
Plans are available for review in t!�e City offices by
appointment.
Ci,-y of Orono
By: Planning Co .on
eanne. MabuSt!�,—Building & 7oning�Administrator
To be published the week of Marsh 5, 1990.
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of 01507, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 1.4th day of March, 1990.
�ll
Jam Bosma
To: Mayor Grabek & Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
Cif,y Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: r,. -ch 15, 1990
Subject: t1507 :,rvid & Margene Fox, 1.645 Bohn's Point Road -
Variance - Public Hearing
Zoning District - LR-lB
Required Area - 1 acre or 43,560 s.f.
Existing Area - 37,750 s.f. or .86 acres
Review of Hardcover -
0-75' Setback Area - 0.56%
75-250' Setback Area - 6,064 s.f. or 24.16%
250'+ Setback Area - 0%
Pertinent Ordinance -
Section 10.24, Subdivision 5 (A) - Height. No structure or
building shall exceed 2 1/2 stories or 30' in height.
Section 10.02, Definition 13 - Building height. The
vertical distance from the elevation of the adjoining ground
level to the mean distance of the highest gable on a pitched
or hip roof.
A) Height of building determined at time of issuance
of building permit was based on the mean distance
between the second floor ceiling joist and the top of
the highest gable - 29'.
S) Determination at time of the amendment of original
building plans - 3rd floor designation windows
installed south, west and east elevations. Peight
determined now from by the mean distance from the 3rd
floor ceiling joist to the highest point of the gable
roof - 33'6'.
Allowed s 30'
Variance - 3'6' or 11.6%
Please review Exhitit G-2, the elevation that depict_ the
v.rious determinations of height.
Zoning File 11507
March 15, 1990
Page 2 of 3
List of Exhibits -
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G-1
Exhibit G-2
Exhibit H-1
Exhibit H-2
Exhibit T-1
Application
Property Owners List
Plat Map
Site Plan
Building Permit #002402
Amended Floor Plan - 3rd Floor
- North Elevation Approved at Time of Building
Permit
- Amended North Elevation
- South Elevation Approved at Time of Building
Permit
- Amended South Elevation
- West Elevation Approved tt Time of Building
Permit
Exhibit T-2 - Amended West Elevation
Review of Application -
During a routine building inspection, the inspector noted
the addition of windows at the upper third level. The builder
was advised to submit amended plans for third floor and
structural changes within roof area. The Zoning staff was
advised and with the addition of the third floor, it was
necessary to recalculate the height of the structure. The
Building Department had other concerns related to required access
from floor area in excess of 500 s.f. Review the floor plan for
the third floor (Exhibit F), the Building Department's comments
are noted on that plan.
The architect for the applicant had worked with an adjacent
neighboring property' : residence a few years hack, the William
Ulrich home, noting 'hat that structure had an attic area with
window and the height was not determined from the ceiling joists
of that third story tut raf-her from the mean distance from the
second floor to the point of the gable roof. Staff advised that
there has been a change in tte review es far as interpretation
and determination of height hased on the current ordinances that
govern height allowances. The architect claimed that he had no
knowledge that there was any change in interpretation of height
from his original dealings with the City with the Ulrich
residence. Staff advised that them indeed was no code amend-
P*nt, but a rhangr in the interprrtat ion in the al lowed 2 1/2
story height and the impact of high gable structures with a third
story.
Zoning File #1507
March 15, 1990
Page 3 of 3
If the original plans had noted the windows and had included
a third story flood plan, staff could have advised of that change
in interpretation. As a result, we are dealing with an after -
the -fact height variance application. It is my understanding
that the applicants' architect will be present to address the
Planning Commission concerning his position on this matter.
Options of Action -
If this application is denied, a condition of that denial
must be to remove the third floor windows not approved in the
original building permit application.
If approved, applicants should apply for an amended building
permit to cover the additional improvements.
Additional Comments and Planning Comission Recommendation -
April 6, 1990
Three of the four members of the Planning Commission
recommended approval of the height variance as proposed by
applicant seeking a 316" variance to the allowed 30' height. The
single dissenting vote opined that applicant had not demonstrated
sufficient hardship. It was the utember's opinion that no matter
what confussion may have resulted from the change in
interpretation of height by the City staff, that had the plans
reflected the third story at the time of the initiation of the
building permit process, staff would have been able to advise of
the need of the height ,ariance.
In review of the minutes of the March 19th meeting, staff
would like to note that it is not just a question of the windows
suddenly appearing, but rather the question of the third story.
Staff has not addressed the building code concerns when the third
story was introduced because this matter has been resolved. Any
change or modification from an original plan alwa•-s increases the
potential for problems. The introduction of a third floor called
for a reinterpretation of the allowed height. As applicant notes
the actual structure has not changed merely the addition of the
third story and its windows.
The approving resolution has teen drafted for Council's
review and action.
_rA
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2791
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (A)
FILE #1507
WHEREAS, David and Margene Fox (hereinafter "the
applicants") are t`:e owners of the property located at 1645
Bohn's Point Road within the City of Orono 'hereinafter "City")
and legally described as Tract C, Registered Land Survey 4565
Files of Registrar of Titles, County of Hennepin County,
Minnesota (hereinafter "the prope:*y"); and
WHEREAS, the applic is have apnlied to the City for a
variance to Municipal ironing ode Section 1^.24, Subdivision 5
(A) to permit the residence currently under •onstruction to
remain at a total 33'6" height instead of the requirt d 30'.
NOW, THEREFORE, BE IT RESOLVED by the City Counci'_ of
Orono, Minnesota:
FINDINGS
1. This ippli�:ation was reviewed as Zoning File '1507.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring 1 acre in
area. The property consists of 37,750 square feet or .86
acres.
3. The Orono Planning Commission reviewed this application
on March 19, 1990, and recommended approval of the proposed
variance based upon the following findings:
A) The actual height of the structure has not changed
since the issuance of the building permit for new
construction. It is the introduction of the third
story and windows that requires reinterpretation of the
height.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the
applicants and the effect of the proposed variance on the
health, safety and welfare of the community.
Paqe 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
'' -, 91
NO. ` ' _
City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to
alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER ANL CONDITIONS
Besed upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to ! nicipal Zoning
Code Section 10.24, Subdivision 5 (A) to permi the residence
currently under construction tc retain third st, not approved
in the original building plans resulting in an c e: '1 height of
33'6" instead of the allowed height of 30', subect t, the
following conditions:
1. Applicant shall apply for an amended building permit to
include all additional improvements.
2. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (April 3, 1991).
3. Violation of or nor. -compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automati-ally terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants have read, understood and
hereby agree to the terms of this rescluticn and on behalf
of themselves, their heirs, successe-s and assigns, hereby
agree to the record:.ng of this resc ution in the chain of
title of the propert
Page 2 of 4
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2791
Adopted by Lhe City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of April,
1990.
ATT)II;ST : 1 _
o t h y Hallin, City�r—James R.Grabek,
v _( < < J _
Property Ownt-r(s)
P Y
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 9th day of April, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & C:ty Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the Citv.
Notary
Public
THERESA L. NAAB
_
UWARY
PIN COUNTYsore
M, a,mr4go,,, expW.. 94-9 f
My Commission Expires
Paqe 3 cf 4
01
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. :.' 791
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �_� +� day of199
before me a Notary Public within and for said county, personally
appeared1164 t Cam, ir � . 4 1Sjja.,nQ f- L�- ;*,-,
known to me to be the pe sons desc ibedin and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Iq'rARY ►UK10 - irlIhMEDOTA
HENNEPIN COUNTY
11r ow�lon �eptr KO
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this _ day of _ a , before me a
Notary Public within and for said :ounty, pei ally appeared
known to
me to be the person(s) described in and who ecuted the
foregoing instrument, and acknoM ledgf-d that he fth, executed
the same as his (their) free ar.+ and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 4
RUN DATE 03/0 90
• BATCH 001
38 17-117-23 11 0001
• PROP AODR 01665 DOWNS POINT RD
OWNER NAME T DENNY SANFORD ET AL
TAXPAYER T DENNY SANFORD
NAME /ADOR 15500 WAYZATA SLVD SrE 819
• WAYZATA MN 5S391
• 38 17-117-23 11 OOOS
PROP ADOR 01629 DOWNS POINT RD
OWNER NAM G R NELSON A 6 A NELSON
TAXPAYER GERALD R A URBANA A NELSON
• NAME/AOOR 1629 BON'S POINT ROAD
NAYZATA MH 55391
• 34 17-111-23 11 coos
PROP AM 00038 ADDRESS UNASSIGNED
ONER NAME J M DAYTON A E J DAYTON
• TAXPAYER AJOSON M DAYTON
NAME/ADOR 166E BOIN'S POINT ROAD
WAYZATA HN 5S391
n
LJ
38 17-117-23 11 0011
"m AM 00038 ADDRESS UNASSIGNED
• OWN NNM J M DAYTON A E J DAYTON
TAXPAYER JUDSON M DAY""
NAME/AOOR 1665 BOHN'S POINT ROAD
WAYZATA MN 653'01
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 17-117-23 11 0002
016S5 BOHNS POINT RD
J PAYTON A E DAYTON
J M DAYTON A E J DAYTON
1655 BOHIG POINT RD
WAYZATA MN 5S391
38 17-117-23 11 0006
01635 BOHNS POINT RO
DOUGLAS N LOHMAR A WIFE
DOUGLAS N LOHMAN
1635 SOINS PT RD
WAYZATA MN 55391
38 17-117-23 11 0009
00038 ADDRESS UNASSIGNED
J M DAYTON A E J DAYTON
JUDSON M DAYTON
16SS BUIN'S POINT ROAD
WAYZATA MH 5S391
38 17-117-23 11 0012
00038 ADDRESS UNASSIGNED
J M DAYTON A E J DAYTON
JUDSON M DAYTON
1655 BONG' S POINT ROAD
WAYZATA MN 55391
REPORT NO. PI435401
PAGE 1
38 17-117-23 11 0003
0162S BOHNS POINT RD
THE BAN( WAYZATA TRUSTEE
THE BAN( WAYZATA TRUSTEE
C J WINSLOW RETIREMENT TRUST
900 E WAYZATA BLVD
MAYV.TA MN SS391
38 17-117-23 11 0007
01645 DOWNS POINT RD
0AMFOX
DAVID K A MARGENE FOX
164S BOHNS POTNT RD
WAYZATA MN S 'il
38 17-117-23 11 0010
00038 ADDRESS tAIASSINEO
J M DAYTON A E J DAYTON
JUDSON M DAYTON
1655 BOHN'S POINT ROAD
WAYZATA MN 55391
TOTAL BATCH 001 00011
I CERTIFY THAT THE FACTS REPRESENTED ME AN ACCURATE AN TOM
RE►RESENTATION OF INFORMATION AS IT APPEARS THIS OATS BN THE RECOMa
OF THE HENNE►IN COUNTY DEPARTMENT OF PROPE'TY TAXATION, THE WST
OF MY KNOWLEDGE Ali! BELIEF.
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PERMIT
CITY OF ORONO
1335 Brown Rd. South • PO. Box 66
Crystal Bay. Minnesota 55323
t 6121 4 7 3-7357
SITE ADDRESS:
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LS
P . I . N . , 17-117- 11-00 t7
DESCRIPTION:
PERMIT TYPE:
64) LD I NG
Permit Numoer.
0014U21
Date Issued:
1 1 / 14/89
Bt iHN'S FT RD
Building Permit Type SGL FAMILY -NEW
Building W13rk: Type RESIDENCE
UBC Occupancy 85
C.Dnstructi-Dn Type V
Zcon ing LR-IE.
Building stories
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SEPARATE PERMITS REQUIRED FOR PLUMB., MECH., WELL, FIREPLACE 11.'1d
FEE S
Base Fee
Plan Review
Surcharge
T-atal Fee
VALUATION
$1 , 354 . SO
$1,211 y'
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CONTRACTOR: _ Applicant, -- OWNER:
KRAEMER , JOHN S SONS, INC 1 So 1 S72'1 FOX DAV I D
71 :*. AREOR GLEN DRIVE 164S E•'--4;N:' PT RD
EDEN PRAIRIE MN SSS45 ORONO MN SS391
«.1: ► S721
THE UNDERSIGNED HEREBY RE40ESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS
SPEC LF D AND AGREES T i7 Dr7 ALL 6M�Rk I N STRICT C��MF'L I ANCE WITH ALL CITY OF
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Dai►id K. Fox
1645 Bohns Point Road
Wayzata, MN 55391
March 14, 1990
Orono 21anning Commission
City of Orono
PO Box 66
Crystal Bay, MN 55323
Dear Commissioners,
We are presently building a new house at 1645 Bohns Point
Road. We have been advise-1 by the Orono Building and Zoning
Department to seek a variance involving this construction. This
variance concerns the height of the structure.
Our h,-jse was designed by Bruce Schmitt and Assoc. of
ayzata. Our building plans, including optional gables facing
ae front (lake), were submitted to and a building permi, was
issued by the the City of Orono. Construction started in
December.
Subsequeutly, we asked our architect, Mr. Bruce Schmitt,
to investigate as to whether the area above the second floor
could be opened up for storage space, without altering the roof
structure in any way. We were advised by Mr. Schmitt that the
roof trusses could be designed to allow for an attic area
without changing the height, shape or appearance of the house.
We directed the builder to proceed on that basis.
In as such as the design of the house complies with the
published code, and the height and shape of the house have nit
changed in any way from the plan as approved by the city, we
question whether a variance is necessary. However, if you
determine that a variance is necessary we ask that you provide
a favorable recommendation.
Respectful,
Da d, x
Nargeiie Fox
cc:Bruce Schmitt
I-T
ell
r
P. WTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING
#1507 DAVID FOX
1645 BOHN'S POINT ROAD
VARIANCE
PUBLIC HEALk `NG 9:34 P.M. TO 9:40 P.M.
The Affidavit of Publication and Cert:.ficate of Mailing were
duly noted.
Ms. Margene Fox was present for this matter, as was Mr.
Bruce Schmitt. the Foxes' architect.
•Y.abusth provided the Planning Commission with an explanation
of this application for an 11.6% height variance.
Mr. Schmitt said that the time he was evolved with the
Ulrich home construction, i+ was determined dt the Uniform
Building Code definition of h,_gnt would be ub,�d. Orono's Zoning
ordinance included the UBC aefinition, but does not address
windows. Mr. Schmitt said that no other city incorporates Lhe
Pspect of windows in its height variance ordinance.
There were n- cc- ants from the public regarding this matter
and the publi, , ....r .s closed.
It was by Planning Cc7, issio- r Hanson, seconded by
Planning Comp. ner Johnson, to r..comme,_ approval of the after -
the -fact hei,? variance for David and Margene Fox, with the
provision th,.t thr --olicants apply for an amended building
permit. Kelley askL t hardship c:cists. Hanson paid that the
Code addre! -q height reg6irements -ontains inadequate language
and shoulL je amended. Motion, fetes-3, Ke- ey, Nay, Motion
passed. Kelley indicated that there was n.:t a sufficient
hardship present to justify approv,-'. )f the varia:::e.
APPROVAL OF PLANNING COMMISSION HIP i OF FEBRUARY 10, 1990
It was moved 5y Planning Comm, toner Johnson, sir,ended by
anning Commission B- wn, to app, the February 2U, 1990
..Lanning Commission N. cing Minuto Motion, Ayes-4, Nays-
0, Motion passed.
PLANNING COMMISSION REPRESENTATIVE
Planning Commissioner Hanson agreed to be the Representative
at the April 9, 1990 Council Meeting.
ADJOURNMENT
It was moved by Johnson, seconded by Br,:rh' ,to adjourn the
meet.iny. Motion, Ayes•4, Nay-0, Motion passed. Th^ eeting
ad-.-)L. rr,ed at 9:45 p.m.
- 19 -
APPLICATION NO A1507
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 4/17/90
---------------------------------------------------------------------------
TO: Mr. & Mrs. David Fox COPIES: Bruce Schmitt
1095 Ferndale Road West 319 Barry Avenue South
Wayzata, MN 55391 Wayzata, MN 55391
TYPE OF APPLICATION: After -the -Fact Variance
DATE OF MEETING: 4/9/90 VOTE: 5 For 0 Against
---------•---------------------------------------------------------
COUNCIL ACTION - MOTION:
To approve per the findings and conditions of the resolution
enclosed herewith.
Variance Approval is limited to the extent shown on approved plan and
as noted in the approval resolution. Changes in approved plans are subject
to further review by the City. Variance approval expires one year after
date of approval. Permit application must be submitted no later than
April 9, 1991.
Appli.:ants ccr..:ractor is herehy advised to file for penalty building
permit and to submit final amended build' g plans for final review and
comment of the Orono Buildinq Department.
ZONING FILE NO.1507
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Ray, MN 55323 473-7357 Date of Notice: 3/21/90
---------------------------------------------------------------------------
David & Margene Fox COPIES TO: Bruce W. Schmitt
1095 W. Ferndale Road 319 Barry Avenue South
Wayzata, MN 55391 Wayzata, MN 55391
TYPE OF APPLICATION: Variance
-----------------------------------------------------------
DATE OF MEETING: 3/19/90 VOTE: 3 For 1 Against
Plannir," Ctnwission recoaends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council April 9, 1990; meeting starts at 7:00 p.m.
OF ORONO - VARIANCE APPLICATION
.itial Application Fee $175.00 • �'
($50.00 per each additional variance)!
Renewal Variance Fee $100.00
(no change from original application)
After -the -Fact Fees (Double application fee)
-----------------------------------------------------------
PROPERTY LOCATION
Site Address��,21r1,S1'-
Property Identification dumber (P.I.D. ) 1%-//7- 3 // 0007
Attach legal description to application if not included on
required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home) 417-5 -/Z ,6
Name ! /t/ _Qr ��UY Phone (work)
s•�1,Ej -��
Address: /0g_s- L41 CityZip: _
ti
OWNER (if different than applicant) Phone (home)
Nam,3 Phone (work)
Address:
City: Zip:
Date Property Acquired (month/year)
I (do) (Jo not) also own the adjacent parcels of land.
----------------------------------------------------------------------------
PRESENT USE OF PROPERTY
Present Zoning District Z U
Present Use of Prot eity F'S/ Zfa--Z_ Residential
Other (specify) _
-----------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail:A�r
-----------------------------------------------------------------------------
VARIANCES REQUIRBD
Lot Area
Setback Variances (
Other
Lot width
Front
Side
Hardcover
Rear)
HARDSHIP
Describe undue hardship or practical difficulty resulting from str�
enforcement of zoning regulations: C6apfzx s "c2�
---"-G------------ ----------------------- V -----tif---------
DESCRIPTIO OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:f}
If
---------------------------------------------------------------------------
REQUIRED SUBMITTALS
1.
Completed Application Form
2.
Certified Property Owners List of owners within 150' (you
muses obtain
this list from Hennepin County Department of. Finance A-603
Govt Center
348-3271).
3.
Plat Map (obtained with property owners list).
4.
Certificate of survey (signed by a licensed surveyor)
to include
hardcover calculations as required.
5.
Topographic survey (existing and proposed elevations) if
any changes
in existing grade are proposed.
6.
Sketches or plans of floor anj elevation views.
7.
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
8.
Additiona; items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS -
A WORXING COPY (11' X 17• OR SMALLEi ) ?OR ALL DOCUMENTS SUB;%...,-TED.
---------------------------------------------------------------------------
The Applicant and Property Gwner must sign this application. Please
remember that your variance application is not camplete if the above
information has not been included.
---------------------------------------------------------------------------
Certification by Clerical Depart:�ent that Variance Application is complete.
Initialed by Clerical Staff: Date
----------------------------------------------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
time not covered by original fee payment` and/or consultant expenses
incurred in review of this application, and cer ifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature Date •�.�- 90
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agent!3, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature Date 2.23. V6
Applicant must have all su mittals into the City offices 25 c'-' before the
Planning Commission Meeting. Planning Commission Meetings eld on the
third Monday of each month. Applicants must be present- at -,cheduled
review meetings of the Planning Com.:nission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building s Zon:n(T
Office of this change prior to *_he meeting.
i
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4. your requested permit or license regiies council
.ion to approve, some information may become public.
5. You have certian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
AM Mud&
Z. .
Date o birth (does not apply to building/general permits)
I understand my rights as stated above.
X��Sig u
SI3.0:4 RIGETS OF SUBJECTS OF DATA
1
Subdivision L Type of data. The rights of individuals on whom the data is
stored or to be stored shall be as set forth in this section.
Subd. Z. Information , %pdred to be given individual- An individual asked to
supply private or confidential data concerning himself shall be informed of: (a) the
purpose and intended use of the requested data within the collecting state agency,
political subdivision, or statewide system; (b) whether he may refuse or is legally
required t) supply the requested data; (c) any known consequence arising from his
supplying or refusing to supply private or confidential data; and (d) the identity of
other Der_ons or entities authorized by state or federal law to receive the data. This
rc :nt shall not apply when an individual is asked to supply investigative - .ta,
pL to section 13.8:, subdivision 5, to a law enforcement officer.
The commissioner of revenue may Dlace the notice required under this
subdivision in the individual income tax or DroDerty tax re and instructions instead o
on those forms.
Subd.3. Access to data by individual. Upon request to a responsible
authority, an individual shall be informed whether he is the subject of stored data on
individuals, and whether it is classified as public, prive— or ec " ,itial. Upcn his
further request, an individual who is the subject of stc .rivate o: public data on
individuals shall be shown the data without any charge tc, rum and, if he desires, shall
Se informed of the content and meaning of that data. After an individual has been
shown the private data and informed of its meaning, the data need not be disclosed to
him for six months thereafter unless a dispute or action pursuant to this section is
pending or additional data on the individual has been collected or created. The
responsible authority shall provide copies of the private or public data upon request by
the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the
coDies.
The responsible authority shall comply immeds.. , , if possible, with any request
made pursuant to this subdivision, or within five days of the date of the request,
excluding Saturdays, Sundays and legal holidays, if immediate compliance is not
possible. If he cannot comply with the request within that time, he shall so inform the
individual, and may have an additional five days within which to comply with the
request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure whe. 'vra is no! agate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To
exercise this right, an individual shall notify in writing the responsible authority
describing the nature of the disagreement. The responsible authority shall within 30
days either: (a) correct the data found to be inaccurate or incomplete and attempt to
notify past recipients of inaccurat4 or incomplete data, including recipients names: by
the inn' wldu4l; or (b) notify the individual t11at he believes the data to be correct.
Data in dispute shall be disclosed only if thr d�vidunl`s statement of disagreement is
included with the disclosed data.
The determination of the responsible a—,i-rity -nay be appealed pursuant to the
pro -°-�o%s cf the administrative pros, e•�: relating to contested cases.
3302-3303 UNIFORM BUILDING CODE
The maximum occupant load for an assembly use shall not exceed th--,occupant
1.,ad as determined to accordance with Section 33021a1.
EXCEPTION: The occupant load for an assembly building or portion thereof
stay be increased, A hen approved by the building official. if all the requirements of
this cafe are met for Such increased number tit persons The building official may
require an approsed aisle. sealing ur fi xed egwpinent Jiagram to substantiate such an
incre..se, and may reoluire that such diagram he p,isied
1c► Posting of Room Capacity. Any room havinv an occupam load of Su or
more where fix_d seats are not installed, and which is used for classroom.
assembiv or similar purpose. shall hasz the capacity of the room posted in a
conspicuous plat- on An approved st i the main exit from the room. Such
signs shall be maintained legible by the owner or his authonzed agent and shall
indicate the number of occupants permitted for each room use.
1 d I Revised Occupant L^ird. After a budding is occupied. any change �n use or
increase in occupant load sl,a.' .:ampl% with ihu ,:haptec See Section 502.
Exits Rtaquired
Sec. 3303.1 a ► Number of E xiti. Every buildings or usable portion thereof shall
rM I
have at least one exit, not :ess than two exits where required by Table No 33-A
and additional exits as required by this subsection.
For purposes of this section, basements and occupied roofs shall be provided
with exits as required for stones
Floors complying with the provisions for mezzanines as specified in Section
1-1 1b shall be pt.ivided with exits as specified therein
The second story shall be provided with not less than two exits when the
00. Upant load is 10 or mor-
EXCEPTIONS: I Except as provided in table No t ,-A onls zinc exit need be
provided from the second stor} within an ...dividual dwelling unit Reter to Section
1204 for emergency escape or rescue requirements fro:ii sleeping nx,ms
Two or more dwelling units (in the second story may hale access io only one
common exit when the total occupant load does not exceed IU
(kcupants on tloorn above the second scary and in basements sha;I have access
to not less than two separate exits from the floor or basement.
EXCEPTIONS: I Floors and hase►nents used exclusrsch for ser%ice of the
building may have one exit For the purpo ws of this exception, storage ruuins
laundry rooms. maintenance offices and similar uses %hail nut br .onsidered as
providing service to the building
I Basements *,thin an utdisidual dwelling unit havini an oLcupant load of less
than 10 may have one r x i i
3 Storage rooms, laundry mor,u and maintenance oiticcs not ex,eeding k)t)
square feet in fkxw area may be prosided w ith only one exit
a Ck-cupied rit"s tin Group R. Di%I%K►n i i.kcupartcies mas have iKie exit if such
occupied areas are less than SW square nett heated no higher rhan immedia.ely
Above the second story
For special requirements we the following sectuxis. 6coup A. Sections 3 z 17
and 3318, Group E. Section 3319-. Group H. Section 3320. Group 1. Section 3321.
Rooms Containing Fucl-fired Equipment and Cellulose Nitrate Handling Rooms.
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